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HomeMy WebLinkAboutZ-9613 - 4944 E Crestwood Dr - BOA Staff RptSEPT 19, 2021 ITEM NO. 4 Z-9613 1 File No.: Z-9613 Owners: Michael and Aimee Shelby Applicant: Mark Caruthers Address: 4944 E Crestwood Dr Legal Description: Lot 24R, Being a Replat of Lots 23 and 24 and Lot 25, Prospect Terrace, an addition to the City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the building line provisions of Sec. 31-12 to allow a building addition which crosses a platted rear yard building line. Justification: The applicant’s justification is presented as per the attached letter dated July 20, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: In October 2020 the City adopted the “Heights Landscape Design Overlay District,” requiring installation of one (1) tree per forty (40) linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. SEPT 19, 2021 ITEM NO. 4 Z-9613 2 Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at (501)371-4832 for additional details. D. Staff Analysis: The property at 4944 E Crestwood Drive is located in the predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This district generally has no bearing on the subject variance request. The subject property is located on the north side of E Crestwood St, the fifth parcel south of the intersection of Kavanaugh Blvd. The existing two-story stone and frame home was built in 1938 and has undergone various exterior improvements throughout the years. The immediate neighboring properties are also populated with similar single-family homes. The applicant has provided a sketch proposing to construct a small open air accessory building in the rear yard of the home. The new structure will include 596 square feet of space and be constructed in the center of the lot outside of the platted rear building line. The proposed structure is also indicated to encroach into the 25- foot rear yard setback. The survey indicates a 40-foot rear yard outbuilding line. The front of the proposed accessory building is shown to be located approximately 6-feet north of this setback line. The width of the building is approximately 23-feet and encroaches into the 25- foot rear yard setback approximately 12-feet 6-inches which is within the allowable setback requirements for accessory buildings Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances where a recorded subdivision plat has established building setback lines in accordance with this chapter variances of those lines shall only be granted by the Board of Adjustment." Therefore, the applicant is requesting that the platted 40 feet rear building setback be reduced to the 25-foot rear yard setback requirements as normally required for R-2 zoned properties. In staff's opinion, the proposed accessory building poses no negative effect upon the health, safety, or welfare of the general public, and will not detract from the value or aesthetic of the neighborhood or surrounding properties. If the Board approves the requested rear yard setback line variance, the applicant must then produce a one-lot replat reflecting the approved change. As such, the applicant must also review filing procedures with the County Clerk's office to SEPT 19, 2021 ITEM NO. 4 Z-9613 3 determine if the replat will require a revised Bill of Assurance and respond as necessary and appropriate, as part of said replat. E. Staff Recommendation: Staff recommends approval of the requested platted rear yard building line variance subject to the following conditions: 1. Completion of a replat reflecting the above-described building line change. 2. A building permit being obtained for all construction. 3.Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements.